What Are the Different Types of Intellectual Property in the UK?

All businesses in the UK will have some intellectual property assets that need protecting. Understanding what intellectual property rights are and what forms of intellectual property are in your business will help you to ensure they are appropriately protected.

This article will explain the different types of intellectual property in the UK and how you can protect each with intellectual property protections.

What is Intellectual Property?

Intellectual property (IP) is something created by your mind. So, among other things, this could include a product you invent, an article or song you write, or something you design. Intellectual property rights give you exclusive rights concerning the use of your IP. In order to ensure your intellectual property is protected, you must ensure you choose the correct mechanism and legal protections.

There are five key types of intellectual property in the UK. These are:

• copyright;
• patents;
• trade marks;
• design rights; and
• trade secrets.

Copyright

Copyright is a type of intellectual property that protects the intangible work of content creators and authors. The work protected under copyright law includes:

•     Literary, dramatic, musical and artistic work
•     Non-literary written work inclusive of software
•     Recordings
•     Broadcasts

Copyright protection arises automatically, so it exists from the moment you create a work. However, in practice, if you ever need to rely on your copyright, you will need to have proof of when you created your original works. It is a good idea to include the copyright symbol (©) on all works that you make, including your website content, so people can see that you own the copyright on your work.

Patents

A patent is used to protect an invention. The definition of an invention is something brand new and unique, that can be made or used, and is not an obvious addition to a current invention.

Inventions must also involve ‘inventive steps’ and have practical industry applications. Some famous examples of intellectual property that can be patented include:

• the lightbulb;
• the telephone;
• Bluetooth technology; and
• CPUs.

A patent provides exclusive protection to the owner. This prevents any other business or individual from copying your invention. You can renew a patent annually for 20 years. When your patent reaches its 20-year expiry, you will no longer possess exclusive rights over it. Therefore, others can begin producing copies of this invention after this point.

Trade Marks

A trade mark is a sign that distinguishes your business from others in your area of trade. Trade marks can take many forms, including:

• logos;
• slogans;
• sounds;
• colours; and
• names.

Although it is possible to get an automatic right to use a brand by using it over time, you should seek a registered trade mark for your brand. A registered trade mark gives you much more robust protection, and it is relatively straightforward and inexpensive to apply for. Once you have a trade mark, it lasts for ten years, and you can renew it every ten years.

Design Rights

While patents protect the invention of a product, design rights protect the products:

• appearance;
• shape; and
• configuration.

Design rights are important in business areas where competitors are prone to copying one another’s designs. These will stop third parties from being able to make, sell, or copy your product. Design Rights also provide you with legal remedies to challenge copiers in court.

Unregistered design rights automatically arise when you create your design. However, you can also seek a registered design right. Registering your designs will make it easier to act if someone uses your designs without permission, and provide more extended protection than unregistered design rights. An unregistered design is only protected for ten years after being first sold or 15 years after being first created, but a registered design has protection for up to 25 years. As with patents, a registered design is also a valuable business asset in its own right.

Trade Secrets

Trade secrets protect knowledge that is specific to your business. It could describe a particular way that you do business or a specific process within your business. Anything you think your competitors would love to know about your business is likely a trade secret of your business.

There is no particular regime to protect trade secrets in the UK. Instead, they are usually covered by non-disclosure agreements when shared with contractors and employment agreements for company employees. You should ensure that your employment agreements contain clauses prohibiting your employees from revealing information about your business to anyone outside the company, or those who do not need to know the secret. 

Key Takeaways

There are various forms of intellectual property in the UK. It is essential to understand what types of IP your business has, to ensure appropriate intellectual property protection. Your business may have a combination of assets that can be or are covered by:

• copyright;
• patents;
• trade marks;
• design rights; and
• trade secrets.

If you need help understanding what types of intellectual property are in your business and how best to protect those assets, our experienced intellectual property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.

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